Federal Amicus

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Consumer Data Industry Association v. Frey

U.S. Court of Appeals for the First Circuit
Pending
March 4, 2021

U.S. Chamber files coalition amicus brief urging First Circuit to affirm Fair Credit Reporting Act preemption of state-specific requirements for the content of consumer reports. 

United States v. Walmart Inc.

U.S. District Court for the District of Delaware
Pending
March 3, 2021

U.S. Chamber files coalition amicus brief urging District of Delaware to reject DOJ’s attempt to impute knowledge and state of mind of individual employees to others within a company.  

State of Colorado v. EPA

U.S. Court of Appeals for the Tenth Circuit
Decided
March 2, 2021

Tenth Circuit holds that district court abused its discretion in granting Colorado injunctive relief from the “Navigable Waters Protection Rule” defining “Waters of the United States” under the Clean Water Act.  The U.S. Chamber supported this outcome as an intervenor with other business associations in defense of the rule.

South Carolina Coastal Conservation League v. Wheeler

U.S. District Court for the District of South Carolina
Pending
March 2, 2021

District of South Carolina grants stay in challenge to EPA’s Navigable Waters Protection Rule.  As an intervenor in this case, the U.S. Chamber supported this outcome. 

Americans for Prosperity v. Becerra; Thomas More Law Center v. Becerra

U.S. Supreme Court
Pending
March 1, 2021

U.S. Chamber files amicus brief urging Supreme Court to reaffirm that infringements on associational privacy must be narrowly tailored.  The U.S. Chamber also filed a brief supporting the cert. petition.

American Beverage Association v. City and County of San Francisco

U.S. District Court for the Northern District of California
Pending
February 26, 2021

U.S. Chamber files coalition amicus brief in support of First Amendment challenge to San Francisco ordinance compelling businesses to provide health warnings on advertisements for sugar-sweetened beverages.  Previously, the U.S. Chamber filed an amicus brief when this case was before the Ninth Circuit.

State Farm Life Insurance Co. v. Vogt

U.S. Supreme Court
Pending
February 26, 2021

U.S. Chamber files amicus brief urging Supreme Court to grant cert and decertify insurance class action because of intraclass conflict of interest.  The U.S. Chamber filed an amicus brief when this case was before the Eighth Circuit.

Palmer v. Amazon.com, Inc.

U.S. Court of Appeals for the Second Circuit
Pending
February 23, 2021

U.S. Chamber files coalition amicus brief in Second Circuit, arguing that district court properly applied the doctrine of primary jurisdiction to dismiss plaintiffs’ workplace-safety and public-nuisance claims.  The brief also argues that plaintiffs’ public-nuisance claim fails to satisfy the special-injury rule.

Care Alternatives v. US ex rel. Druding

U.S. Supreme Court
Decided
February 22, 2021

U.S Supreme Court. denies review of the question whether a statement must be objectively false to give rise to liability under the False Claims Act.  The U.S. Chamber filed a coalition amicus brief supporting review.

Hymes v. Bank of America, N.A.

U.S. District Court for the Eastern District of New York
Decided
February 19, 2021

Second Circuit accepts interlocutory appeal of decision holding that the National Bank Act does not preempt state laws that require banks to pay interest on funds held in mortgage escrow accounts. The U.S. Chamber had filed a coalition amicus brief encouraging the district court to certify its decision for interlocutory appeal.

Enterprise Leasing Co. of Orlando, LLC v. Benson

U.S. Court of Appeals for the Eleventh Circuit
Pending
February 19, 2021

U.S. Chamber urges Eleventh Circuit to permit an interlocutory appeal of a ruling limiting the WARN Act’s “natural disaster” exception.

State of California v. EPA

U.S. Court of Appeals for the District of Columbia Circuit
Pending
February 18, 2021

U.S. Chamber and industry associations move to intervene to help defend the 2020 review of the National Ambient Air Quality Standards for Particulate Matter.

State of New York v. EPA

U.S. Court of Appeals for the District of Columbia Circuit
Pending
February 18, 2021

U.S. Chamber and industry associations move to intervene to help defend the 2020 review of the National Ambient Air Quality Standards for Ozone. 

Chamber of Commerce v. Franchot

U.S. District Court for the District of Maryland
Pending
February 18, 2021

U.S. Chamber and industry associations file lawsuit challenging Maryland’s tax on digital advertising services.

Pearlstein v. Blackberry Ltd.

U.S. Court of Appeals for the Second Circuit
Pending
February 16, 2021

U.S. Chamber files amicus brief urging Second Circuit to grant interlocutory review and vacate class certification because district court found price impact without considering whether disclosures actually corrected earlier alleged misstatements.

National Association of Manufacturers, Chamber of Commerce v. U.S. Department of Homeland Security

U.S. Court of Appeals for the Ninth Circuit
Decided
February 11, 2021

The U.S. Chamber filed a motion – which the Ninth Circuit granted – to effectively put the government’s appeal in abeyance until after the non-immigrant visa proclamation is set to expire on March 31, 2021.  The U.S. Chamber secured a preliminary injunction against the proclamation in the district court, which is now guaranteed to remain in effect until the proclamation’s scheduled expiration date.

TransUnion LLC v. Ramirez

U.S. Supreme Court
Pending
February 8, 2021

U.S. Chamber files coalition merits-stage amicus brief urging Supreme Court to reverse certification of a class action because the named plaintiff's alleged injury is atypical compared to the rest of the putative class members.  Previously, the U.S. Chamber filed an amicus brief supporting the cert. petition.

Canaday v. The Anthem Companies, Inc.

U.S. Court of Appeals for the Sixth Circuit
Pending
February 8, 2021

U.S. Chamber files coalition amicus brief urging Sixth Circuit to hold that every plaintiff in an FLSA collective action filed in federal court must establish personal jurisdiction over the defendant.

White v. United Airlines, Inc.

U.S. Court of Appeals for the Seventh Circuit
Decided
February 5, 2021

Seventh Circuit holds that USERRA requires employers to provide paid military leave if they provide other types of comparable paid leave.  The court explained that comparability is a question of fact.  The U.S. Chamber filed a coalition brief urging that the USERRA does not cover paid military leave.

Walmart, Inc. v. Department of Justice

U.S. District Court for the Eastern District of Texas
Decided
February 4, 2021

Trial court grants government’s motion to dismiss declaratory judgment action that sought order holding federal agencies may not base enforcement actions solely on activities and considerations identified in non-binding guidance. The court held it lacks jurisdiction due to sovereign immunity.  The U.S. Chamber had filed a coalition amicus brief in support of declaratory relief.

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